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Who Can File a Wrongful Death Case in California?

If you are in a situation where you have lost a loved one and curious about the legal process around recovering some type of financial compensation stemming from the tragic situation, you are not alone in your confusion around this topic. Like so much of personal injury law, the rights and restrictions around a California wrongful death case can be incredibly complicated and confusing. Not only will working with an experienced attorney help make certain that all the necessary paperwork is filed correctly and deadlines are met but it will also help ensure that your case gets the compensation you deserve for your untimely loss. We are so sorry for your loss and while we know firsthand how no amount can ever fill the void, it can help with other things like outstanding medical bills, covering for the loss of the individuals' financial contributions to your relationship and much more.

CCCP Sections 377.60-377.62

California wrongful death law is laid out in the California Code of Civil Procedures Sections 377.60-377.62. So who can file a wrongful death lawsuit in California? Here are the main categories of individuals that can file a wrongful death lawsuit in California:

  • The surviving spouse
  • The surviving partner
  • The children of the deceased
  • Putative spouse, partner and children

 As you can see, filing a wrongful death lawsuit in California is not limited to the widow. In addition to the parties listed above, there are certain instances in which a court will let the parents of the deceased, financially dependent stepchildren and those who would be entitled to the property by intestate succession file a claim. If you fall into one of these categories and are curious about your rights to bring a lawsuit and the overall process, you will definitely want to get in touch with us to discuss things further.

Other Important Considerations

Establishing the right to file a suit following the death of a loved one is just one of the many legal aspects to your case-- there are also several important considerations to keep in mind when it comes to wrongful death cases, including:

The Walch Law Firm

If you are reading this then you probably have a lot of questions about how a wrongful death lawsuit works and we are here to help you every step of the way. When you hire the Walch Law firm to help with your wrongful death case you can feel confident that everything will be handled with the utmost respect for you and your family. We are a family firm and know how difficult this time is. Our clients feel comfortable knowing that their legal and financial needs are being asserted- let us give you that same sense of security. We will work tirelessly to make sure that your case is compensated appropriately and everything is handled as quickly as possible. We are always available to talk so please call or fill out the contact us form and let's connect. Your consultation with us is free and confidential and designed to answer all of your questions and concerns. We look forward to hearing from you.

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